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ARTICLE · 14 APRIL 2021

Belgium Sets Rules On Prohibited Unfair Terms In B2B Contracts

Pierstone
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As of 1 December 2020, a new legal framework of mandatory rules on prohibited unfair terms in business-to-business (B2B) contracts will enter into force in Belgium. We summarize below the main features,....

BelgiumCorporate/Commercial Law
Hannes Abraham
Hannes Abraham
Maarten Vanderhaeghe
Maarten Vanderhaeghe

As of 1 December 2020, a new legal framework of mandatory rules on prohibited unfair terms in business-to-business (B2B) contracts will enter into force in Belgium. We summarize below the main features, application and practical significance of these rules, which will restrict the contractual freedom of businesses and could have a substantial impact on many B2B relationships. We hereby recommend that businesses already consider the new rules in contract negotiations as well as review their standard B2B terms and conditions now in order to ensure future compliance.

1. Main Features

In general, the Law of 4 April 2019 amending the Belgian Code of Economic Law ("CEL") ("the Law of 4 April 2019") established a new framework for B2B contracts in Belgium by introducing (i) a general prohibition on unfair terms as well as (ii) "black" and "grey" lists of terms which are deemed to be unfair.

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